New Mexico State University


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CHAPTER 4: CENTRAL PURCHASING OFFICE (CPO)

4.40

SPECIAL PROCUREMENT POLICIES

 

4.40.05

The following sections provide detailed information on Special Procurement Policies.

Bookstore Resale Purchases

The Main Campus Bookstore is authorized to purchase all merchandise for resale on Bookstore Purchase Orders. The vouchers are processed, paid, and recorded through the Business Office. Branch Campus Bookstores are required to process all resale purchases through FP.

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4.40.10

Brand-Name Specifications

A brand-name specification may be used only when the Central Purchasing Office makes a determination that only the identified brand-name item or items will satisfy the needs of the department requesting the purchase.

Unless the CPO makes a determination that the essential characteristics of the brand names included in the specifications are commonly known in the industry or trade, brand-name or equal specifications shall include a description of the particular design, function or performance characteristics which are required.

The CPO shall seek to identify sources from which the designated brand-name items can be obtained and shall solicit competitive prices. If only one source can supply the requirement, the procurement shall be made under Sole Source Procurement (See the BPM, Chapter 4, subsection 4.40.75).

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4.40.15

Contractual Agreements

All licensing, rental, maintenance, and lease agreements requiring NMSU approval are not legally binding until signed by an authorized representative of CPO. The CPO will forward agreements over $5,000 to NMSU's attorney for additional review.

Lease Agreement
The acquisition of property by means of a contract in which the leasing agent (Supplier) conveys to the lessee (NMSU) the use of the property for a specified term. At the end of the lease term, the equipment is either returned to the leasing agent or NMSU may have the option to purchase the equipment. Lease Purchase Agreements cannot be initiated using State-appropriated funds. Leases are non-taxable transactions.

Multi-term Contracts
A Multi-term Contract for items of tangible personal property or services may be executed for any period of time deemed to be in the best interests of NMSU, not to exceed four years (in some cases eight years), provided that the term of the contract and conditions of renewal or extension, if any, are included in the specifications; that funds are available for the first fiscal period at the time of contracting; and that the lease is in accordance with New Mexico regulations. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds.

Rental Agreement
A Rental Agreement is a Term Agreement involving payment for use of goods. At the end of the Rental Agreement, the goods are returned to the supplier. Rentals are taxable transactions.

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4.40.20

Emergency Purchases

An emergency condition is a situation that creates a threat to public health, welfare, safety, or property such as may arise by reason of floods, epidemics, riots, equipment failures or similar events. The existence of the emergency condition creates an immediate and serious need for services or construction that cannot be met through normal procurement methods.

The CPO may either initiate or authorize others to make emergency procurements, provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency procurement and for the selection of the particular contractor shall be included in the procurement file. Emergency procurements shall not include the purchase or lease-purchase of heavy road equipment.

In the event of an emergency, as defined above, the CPO may purchase without bids. During regular working hours, the CPO should be immediately informed of Emergency Purchases greater than $2,500.

When circumstances beyond the department's control prevent following established procedures or when delay would be detrimental or prove costly to NMSU, an Emergency Purchase may be made with the approval of the Director of Purchasing.

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4.40.25

Honorariums

An Honorarium is a payment made to a Non-Employee for which fees are not legally or traditionally required. To be classified as an honorarium, no service should have been provided by the individual. If actual services are being provided, the payment should be classified as a service.

The payee signature on the Direct Pay Request form or an invoice with original signature is sufficient documentation to process the payment.

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4.40.30

Library Purchases

Departmental orders for books, periodicals, microfilm, etc, should be processed as Purchase Orders (PO). The NMSU Library is exempt when purchasing these items for library use.

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4.40.35

Maintenance and Service Agreements

A Maintenance/Service Agreement is a contract between NMSU and a supplier, authorizing the supplier to perform routine maintenance and service on equipment owned or leased by a department. All service contracts must be signed by the CPO. A copy of the contract will be forwarded by the CPO to NMSU's attorney for review, if applicable.

When renewing a Maintenance/Service Agreement less than $2,500, it is the department's responsibility to obtain pricing from the vendor and to initiate the renewing DPR. If the pricing is based on a State Pricing Agreement or a GSA Contract, a copy of the cover sheet showing the DPR contract number, expiration date and a copy of the page showing the price should be forwarded to the CPO for processing.

The make, model, serial number, and NMSU tag numbers must be included on all Maintenance and Service Agreements.

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4.40.40

Newspaper Advertisements

Newspaper legal, display, and position advertisements must be processed on a Purchase Order (PO) at least five days in advance of the date of publication. Allow longer lead time for advertisements in out-of-town newspapers or magazines.

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4.40.45

Non-Employee Travel Direct Bill Expenses

Non-Employee Travel Authorization forms are not required to be submitted to the Travel Office for expenses that will be charged directly to NMSU. Instead, any expenses incurred by a Non-Employee to be charged directly to NMSU should be entered as a Purchase Order in the Finance Purchasing System (FP) (See the BPM, Chapter 5A-Accounts Payable).

NOTE: Refer to the BPM, Chapter 5A-Accounts Payable for processing a Direct Pay Request document.

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4.40.50

Prepayments

A Prepayment is a request for payment before goods/services have been received. A prepayment is an exception to NMSU policy that requires that all goods and services must be received before payment can be approved. Prepayment should only be made when a vendor requires it for certain commodities (i.e. software, books, large equipment), or when prepayment is the normal form of payment (i.e. memberships, subscriptions). All prepayments greater than $100, with the exception of subscriptions and membership dues, require the approval of the Director of Purchasing.

The Board of Regents reserves the right to make prepayments given appropriate justification and administrative approval in accordance with general business practices.

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4.40.55

Pricing Agreements

The CPO has Pricing Agreements for many standard equipment systems and services that are repetitively requisitioned and have been competitively bid. Use of these agreements waives competitive requirements, in most cases. Contact the CPO for further information.

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4.40.60

Procurement Card

Procurement of goods may be transacted via a Procurement Card by individuals and departments who have been issued one.

Procurement using the approved NMSU Procurement Card will follow policies and procedures as established and maintained by the CPO and approved by the Vice President for Business and Finance. Details of these policies and procedures are available upon request from the CPO.

To initiate a request for a Procurement Card, complete a Procurement Card Request form and Agreement, and obtain Department Head, Dean/Director and Financial Operations approval. Then submit the request to Accounts Payable.

Procurement Card purchases are subject to all NMSU policies and procedures related to Disbursements that are documented in this manual.

NOTE: Refer to the BPM, Chapter 4, subsection 4.00.45 for a listing of Unallowable and Restricted Purchases.


4.40.65

Procurement of Used Items

When procuring used items with an estimated cost of five thousand dollars ($5,000) or more, the procurement shall be treated as if procuring new items.

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4.40.70

Reimbursable Purchases

In the following circumstances an employee may purchase goods and/or services in excess of $50 and process a Request for Rreimbursement on a Reimbursement Voucher after the fact.

An Emergency Purchase, which is defined as any purchase required to:
  • Prevent economic detriment or loss of property
  • Ensure continued operations
  • Ensure the health and safety of employees or guests.

An Emergency Purchase includes purchases that must be made during hours other than normal working hours. The option of providing the vendor with a Purchase Order (PO) "after-the-fact" (the next business day), if the vendor is willing, should be taken over an individual employee purchase and subsequent reimbursement.

If such a purchase must be made, a memo approved through the Dean or Director's office must be submitted with the Reimbursement Voucher, explaining the emergency. Contact the CPO for assistance in interpreting Emergency Purchase Guidelines (See the BPM, Chapter 4, subsection 4.40.20).

Purchases for which credit will not be extended (Vendor will not accept a PO or NMSU credit card), require prior approval of the CPO.

Purchases of items offered at a conference/seminar or other similar purchases while on travel may not exceed $100. If a purchase over this amount is required, it must fall under the definition of an Emergency Purchase as defined above.

Requests for reimbursement must be accompanied by receipts that indicate the bill has been paid (i.e. marked "PAID" or balance due equals $0.00). All receipts must be identifiable as to payee, and nature and amount of expenditure. Any information not given by the receipt must be added by the department; all such additions must be attested to by the employee's signature on the receipt.

NOTE: Do not pay tax on non-service items. NMSU cannot reimburse employees for these taxes. See the BPM, Chapter 4, subsection 4.00.40 for NMSU's Tax Exemption Number or contact the CPO for these nontaxable purchases and for special rules involving construction contracts.


4.40.75

Sole Source Procurement

A contract may be awarded without competitive sealed bids or competitive sealed proposals regardless of the estimated cost when the CPO makes a determination, after evaluating the sole source justification submitted by the department, and after conducting a good-faith review of available sources and consulting the using agency, that there is only one source for the required service, construction, or item of tangible personal property. The CPO shall conduct negotiations, as appropriate, as to price, delivery and quantity in order to obtain the price most advantageous to NMSU. A price or cost analysis will be made on all procurements of $2,500 or more.

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4.40.80

Trade or Exchange

Departments are not authorized to sell, trade, or delete any item of any value at any time. This function shall be handled by the CPO only. When a purchase involves a trade or exchange as partial payment, a description of the property and the NMSU tag number is required on the Purchase Requisition.

When appropriate, the CPO will inform prospective bidders of the location where the used property can be examined. The sale price of the new article and the trade-in allowance for the used item must be stated separately. The difference between the sale price of the new article and the trade-in allowance shall be deemed the bid of the seller.

When trading or exchanging used items with estimated values exceeding $10,000 as partial payment on new item(s), a written independent appraisal of the item(s) to be traded or exchanged is required.

Equipment cannot be deleted from the NMSU property inventory without prior approval of the Board of Regents and State Board of Finance. Equipment deletions will be reported to Risk Management and the State Auditor.


4.40.85

Unauthorized Purchases

Purchases not properly authorized in advance by the CPO will require a written statement of justification to the CPO by the person originating such a purchase and approved by Dean or Department Head.

Such purchases will be considered on a case-by-case basis; however NMSU's position is that such a purchase is the PERSONAL obligation of the person originating such a purchase.

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4.45

VEHICLES

NMSU solicits bids on vehicles as determined by the CPO based on market availability.

In addition to the approvals included in Banner Finance, all vehicle requisitions shall have the approval of their Director, Dean or Vice President prior to the solicitation of any bids or issuance of any purchase orders for the acquisition. Such approval shall be provided via a memorandum from the appropriate Department Head through the Director, Dean or Vice President to the Department of Procurement Services and Risk Management. The memorandum shall include justification for the purchase, description of intended use, employee vehicle assignment, if any, and acknowledgment of the responsibility of the recipient employee to comply with University reporting requirements for any personal use as provided in Chapter 7 of the BPM.

Note: Refer to the BPM, Chapter 7, for Employment Tax Issues for Personal Use of University Vehicles.

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4.45.05

Vehicle Accidents

Immediate notice of accidents is required by New Mexico Statutes, Section 66-7-206. The driver of a vehicle involved in an accident resulting in injury to or death of any person, and/or property damage to an apparent extent $100 or more, shall give notice of such accident to police authorities.

If the accident occurs on the main campus, notify the NMSU Police. If the accident occurs within a municipality, notify the local police; otherwise, notify the County Sheriff or the nearest office of the New Mexico State Police. The individual involved in the accident must report it immediately to the department head and the CPO.

Vehicle Accident Procedures:

  • Obtain police report or other law enforcement agency report.
  • Send memorandum stating the details of the accident to the CPO, who will submit reports to Risk Management and the insurance carrier who will issue instructions regarding the claim.

If the University is at fault, the responsible department is charged the $1,000 deductible. If the other driver is at fault, the CPO will file a claim against the other driver or drivers insurance company.

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4.45.10

Vehicle Color

All NMSU vehicles will be white. Exceptions may be made with the approval of the Vice President for Human and Physical Resources.

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4.45.15

Vehicle Insurance - University Owned

While operating within the United States, NMSU's fleet of rented, leased, and owned vehicles is covered for both auto liability and auto physical damage through the State of New Mexico Risk Management Division. In order to drive any vehicle from NMSU's fleet, an employee must be in compliance with state motor vehicle laws. This includes being in possession of both a current State of New Mexico license and an NMSU license issued through Environmental Health and Safety.

The State covers all University-owned, rented, or leased vehicles for physical damage with a $1,000 deductible for comprehensive and collision per occurrence.

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4.45.20

Vehicle Insurance - Rental Cars

The following guidelines are intended to address the most commonly encountered agreement options and how they should be handled by employees. Questions regarding other options should be forwarded to the CPO.

Employees should waive coverage for the following non-reimbursable standard options:

  • Personal Accident Insurance - Employees are covered by Workers' Compensation
  • Personal Effects Protection - NMSU property is covered when traveling. An employee's personal effects ($500 maximum) are covered by NMSU only if there is a loss greater than $1,000 of NMSU property
  • Additional Liability Insurance - Any additional coverage above what is provided is covered by NMSU General Liability Insurance

Loss Damage Waiver
When renting or leasing a vehicle for official purposes within the continental United States, University employees should not purchase the loss damage waiver.

The Risk Management Division in Santa Fe provides physical damage on vehicles rented, leased, or loaned. This coverage comes with a $1,000 deductible. If renting a vehicle through Avis or the NMSU-sponsored Diners Club Card, further coverage is available based on our respective corporate agreements. NMSU's corporate agreement number with Avis is A832900.

Employees should note that this coverage extends only to those vehicles rented or leased within the continental United States. If renting or leasing a vehicle outside of the United States, it is recommended that coverage be obtained through the renting or leasing company.

Collision

NMSU is insured through the State Risk Management Division. There is a deductible of $1,000 per occurrence.

Bodily Injury and Property Damage

The limits are as follows (Effective 7/1/92):

  • Bodily Injury - $400,000 each accident, $750,000 aggregate
  • Property Damage - $100,000

4.45.25

Vehicle Logos and Identification

With the exception of a few vehicles approved by the administration, all vehicles must display the appropriate New Mexico State University logo. NMSU has a standard identification decal supplied by the Office of Facilities and Services and should be displayed on all University vehicles.

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4.45.30

Mexico Insurance

When anticipating a trip into Mexico, allow two to three days to secure the documentation for the trip. This would include vehicle identification and documentation, NMSU authorization to enter Mexico and return with the vehicle, estimated time of departure and return through the ports of entry, and an insurance policy. Please contact the CPO for further information.

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